Texts of pending comments

Articles 1(1) and 2(1) of the Convention. Punishment of vagrancy. Legislative developments. For a number of years, the Committee has been requesting the Government to provide information on the progress achieved in the revision of section 246 of the Penal Code, which may act as indirect compulsion to work, through the punishment of vagrancy with a sentence of imprisonment. The Committee notes with satisfaction that the new Penal Code does not contain provisions criminalizing vagrancy.

Articles 1(1), 2(1) and 25. Trafficking in persons. In its previous comments, the Committee noted that Act No. 029-2008/AN of 15 May 2008 on combating trafficking in persons and similar practices (Anti-Trafficking Act) defined and criminalized trafficking in persons with penalties of imprisonment ranging from five to ten years, and up to 21 years in case of aggravating circumstances. It requested the Government to take the necessary measures to combat trafficking in persons, in particular through the adoption of an appropriate national action plan that would enable the application in practice of the Anti-Trafficking Act.

The Committee notes the Government’s statement, in its report, that the Anti-Trafficking Act was abrogated and that its provisions have been incorporated in the new Penal Code, adopted by Act No. 025-2018/AN of 31 May 2018 (sections 511-1 to 511-28). The Government indicates that, pursuant to section 511-28 of the new Penal Code, an Anti-Trafficking Committee composed of representatives from ministerial departments, civil society actors and non-governmental organizations was established, as well as Regional Committees in order to bring together, at local level, all the actors involved in the fight against trafficking in persons, such as law enforcement officials, customary and religious authorities and civil society organizations. The Government adds that these committees have been very active and have already carried out 6,411 awareness-raising and capacity building activities benefiting 69,889 persons in 2019. Furthermore, in August 2021, a practical guide on the National Referral System was published, in collaboration with the International Organization for Migration (IOM), in order to raise awareness of the relevant stakeholders. The Government also indicates that the elaboration of a national action plan to combat trafficking in persons will be examined in due time. According to the statistical information provided by the Government, in 2019, five prosecutions were initiated for trafficking in persons and three convictions handed down. The Committee takes notes of this information and observes that the Government has not informed on the measures taken to identify potential victims of trafficking and provide them with adequate protection. While welcoming the efforts made by the Government to raise awareness of trafficking in persons both at the national and local levels, the Committee urges the Government to step up its efforts to combat trafficking in persons. It hopes that the establishment of the National Anti-trafficking Committee will contribute to the effective implementation of sections 511-1 to 511-28 of the Penal Code, and to the elaboration and adoption of a national action plan. The Committee further requests the Government to provide information on the measures taken to: (i) prevent the trafficking of persons for sexual and labour exploitation; (ii) strengthen the capacities of law enforcement bodies (police, labour inspectorate, Public Prosecutor’s Office) and the judiciary; and (iii) identify victims and provide them with adequate protection. The Committee requests the Government to continue to provide information on the number of prosecutions initiated, convictions handed down and specific penalties applied under the Penal Code.

The Committee is raising other matters in a request addressed directly to the Government.

Article 2(2)(a) and (d) of the Convention. Work or service exacted under compulsory military service laws. Work of national interest. The Committee previously noted that, according to Act No. 009/98/AN of 16 April 1998 issuing general staff regulations for the national armed forces, any unmarried citizen of Burkina Faso of 18 to 25 years of age may freely undertake or be called upon to serve in the national army. It noted that the obligation to serve involved a statutory period of 18 months’ active service devoted to civic and military instruction and to work in the national interest (section 36). Noting the Government statement that work in the national interest in which conscripts may participate is strictly limited to cases of force majeure, the Committee requested the Government to align the legislation with the indicated practice.

The Committee notes the Government’s indication, in its report, that the revision of the legislation on military service is still ongoing and that all the necessary measures will be taken to bring the national legislation into conformity with the Convention. The Committee trusts that the Government will take the necessary steps, in the context of the ongoing revision of the legislation on military service, to ensure that the law expressly provides that work of national interest which may be assigned to conscripts in the context of their compulsory military service is strictly limited to cases of force majeure.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. In its previous comments, the Committee noted that several provisions of Act No. 10-2017/AN, of 10 April 2017, on the prison system (Prison System Act) regulate prison labour and provide that prison labour outside the prison shall be subject to a contract between the prison administration and the user, to set in particular the duration of the contract and the fees payable (section 196). According to section 198, working conditions and remuneration shall be discussed by the prisoner in question and the employer and submitted for approval by the Committee on the Application of Sentences.

The Committee observes that the Prison System Act provides that convicted prisoners are required to work (section 181) and that prisoners admitted to the correctional division can be employed outside the prison, in particular by private entities (section 190). In that regard, the Committee wishes to emphasize that work by prisoners for private enterprises can be held compatible with the Convention only where the necessary safeguards exist to ensure that such work is not compulsory and is carried out with the formal, informed and freely given consent of the person concerned, and that the conditions of such work approximate those of a free labour relationship. The Committee requests the Government to specify whether prisoners give their free, formal and informed consent to work for private enterprises, in practice. It further requests the Government to provide information on the remuneration and working conditions of prisoners who work for private entities, including by providing samples of contracts concluded between prison authorities and private companies using prison labour, as well as agreements concluded between private enterprises and prisoners, which have been validated by the Committee on the Application of Sentences.

Article 1(a) of the Convention. Imposition of prison sentences involving compulsory labour as punishment for expressing political views or views ideologically opposed to the established political, social or economic system. For a number of years, the Committee has been drawing the Government’s attention to certain provisions of the legislation, under which penalties of imprisonment (which involve compulsory prison labour pursuant to section 181 of Act No. 10-2017/AN, of 10 April 2017, on the prison system and section 86 of Order No. 642 APAS of 4 December 1950 issuing the prison regulations), may be imposed in situations covered by Article 1(a) of the Convention. More particularly, the Committee referred to the following provisions:

– attack on the honour or sensibility of certain persons exercising public authority (sections 178 and 180 of the Penal Code), or against the authority of the judicial system or its independence (section 179 of the Penal Code), which constitutes an insult;
– slurs upon the honour and dignity of individuals, insults, slander and defamation (sections 361–364 of the Penal Code);
– similar provisions contained in sections 114–123 of Law No. 56/93/ADP of 30 December 1993 on the Information Code.

In its report, the Government indicates that persons who express political views or peacefully oppose the established political, social or economic system, in accordance with the national legislation in force, do not commit an offense and cannot be subject to a criminal penalty. In that regard, the Committee notes with interest that Law No. 057-2015/CNT, of 4 September 2015, on the legal regime for print media in Burkina Faso, which abrogates the Information Code, has removed prison penalties for the offences relating to attack on honour, insult and defamation (sections 114 et seq.).

The Committee also notes the adoption of a new Penal Code (Act No. 025-2018/AN of 31 May 2018). It observes that the provisions of the Penal Code to which it referred previously (relating to attacks on the honour, insults, slander and defamation) have been integrally reproduced under sections 352-1 to 352-4 and 524-1 to 524-4 of the new Penal Code. The Committee notes however that section 524-13 of the Penal Code provides that sections 524 et seq. shall not apply to natural or legal persons covered by the legal regime for print media, online media and audiovisual media.

The Committee welcomes the progress made in the revision of the legislation. It regrets, however, that the Government did not take the opportunity of the revision of the Penal Code to address the long standing issues raised by the Committee in relation to the provisions establishing penalties of imprisonment in situations covered by Article 1(a) of the Convention, that can still be imposed on citizens who are not covered by the legal regime for print media, online media and audiovisual media. It further notes that section 354-7 of the Penal Code provides that participants or organizers of an «illicit demonstration», defined by section 354-6 as undeclared, incompletely or inaccurately declared or banned demonstration, are now liable to imprisonment involving compulsory prison labour.

The Committee recalls that Article 1(a) of the Convention prohibits the use of compulsory labour, including compulsory prison labour, as a punishment for persons who hold or express political views or peacefully oppose the established political, social or economic system. The Committee emphasizes that the range of activities which must be protected, under this provision, from punishment involving compulsory labour, includes the freedom to express political or ideological views (which may be exercised orally or through the press or other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views (see General Survey of 2012 on the fundamental Conventions, paragraph 302). The Committee therefore requests the Government to pursue its efforts to review the abovementioned provisions of the Penal Code, so that no penalty of imprisonment entailing compulsory labour can be imposed on persons who express political views or peacefully oppose the established political, social or economic system. Pending such revision, the Committee requests the Government to provide information on the application of sections 352-1 to 352-4; 354-7; 524-1 to 524-4 of the Penal Code, in practice, in particular on the number of persons convicted on the basis of these provisions, the nature of the charges brought and the sanctions imposed.

Article 1(b). Mobilization and use of labour for purposes of economic development. National service for development. The Committee previously noted that, pursuant to Decrees Nos 98-291/PRES/PM/DEF and 99-446/PRES/PM on the organization and functioning of national service for development (SND), any citizen of Burkina Faso between 18 and 30 years of age may be called up to participate in the national service for development. This service is accomplished in two phases: a training phase, during which those called up receive what is essentially civic and patriotic training and acquire the rudiments of vocational training in priority sectors for development; and a production phase, in which they make their contribution to the socio-economic development of the country in various sectors. The time spent in national service for development is considered time spent in military service, thereby releasing the citizen from any other military obligation. The Committee requested the Government to take the necessary measures to ensure that the legislation explicitly establishes the voluntary nature of participation in national service for development.

The Government reiterates that the SND is a civic service derived from article 10 of the Constitution. It adds that young people who meet the age requirements, hold general or technical education diplomas, a driving license or have dropped out of school can do it voluntarily, and are made available to administrative structures or training centres. The Committee takes note of this information. It however again points out that there is no indication in the legislation establishing and regulating the SND that persons who have been called up participate voluntarily in this service. The Committee further notes that, on 29 January 2021, the Council of Ministers adopted three new decrees establishing the statutes and functioning of the SND and that, according to the minutes of the Council of Ministers, these new regulations establish a 90 days mandatory period of the SND for all citizens of 18 to 30 years. The Committee again requests the Government to take the necessary measures to ensure that the legislation explicitly establishes the voluntary nature of participation in national service for development and to provide information on any progress made in this regard. It further requests the Government to provide a copy of Decrees Nos 2021-0196/PRES/PM/MDNAC/MINEFID, 2021-0197/PRES/PM/MINEFID and 2021-0198/PRES/PM/MDNAC/MINEFID establishing the statutes and functioning of the national service for development.

Article 1(d). Criminal penalties for participation in a strike. In its previous comments, the Committee referred to section 386 of the Labour Code, under which the exercise of the right to strike shall on no account entail the occupation of the workplace or its immediate surroundings, otherwise the criminal sanctions established by the legislation in force shall apply. It requested the Government to amend the Labour Code in order to ensure that persons who participate peacefully in a strike cannot incur any criminal penalties which could result in the imposition of compulsory prison labour.

The Committee notes the Government’s indication that the revision of the Labour Code is still ongoing and reformulation proposals have been made in order to take into account the recommendations made by the Committee. The Government also indicates that, pursuant to section 213-4 of the Penal Code, community work cannot be imposed on convicted persons without their consent. The Committee observes that the Government does not provide information on the nature of criminal penalties that may be applied to persons who go on strike, pursuant to section 386 of the Labour Code nor on the relevant legal provisions that would be applied. It notes that, according to the wording of section 386 of the Labour Code, prison sentences could be applied “as criminal penalties” and recalls in that regard that prison sentences involve an obligation to work according to section 181 of the Prison System Act. Referring to its 2019 observation under the Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87), the Committee trusts that the Government will take the necessary measures within the process of revision of the Labour Code to amend section 386 so as to ensure that, in conformity with Article 1(d) of the Convention, persons who participate peacefully in a strike are not liable to penal sanctions which could involve compulsory labour. In the meantime, it requests once again the Government to provide information on the legal provisions establishing the nature of criminal penalties that may be applied to persons who go on strike, pursuant to section 386 of the Labour Code.

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. In its previous comments the Committee noted that, according to the last National Survey of Child Labour in Burkina Faso (ENTE), published in 2008, child labour affected 41.1 per cent of children between 5 and 17 years of age a total of 1,658,869 working children. The Committee noted that the National Economic and Social Development Plan 2016–2020 (PNDES) gives priority status to combating child labour and that one of the expected outcomes was to “reduce the proportion of children in the 5–17 age group involved in economic activities from 41 per cent to 25 per cent in 2020.”

The Committee notes the information in the Government’s report on the activities undertaken as part of the PNDES, including the implementation of the road map for the prevention, removal and reintegration of children from small-scale gold mines and quarries (2015–19). The Government also indicates that action has been engaged under the GOVERNANCE (2016–19) project, implemented in the framework of the France-ILO partnership, to strengthen the capacities of the labour inspection in respect of the informal economy. The action includes the elaboration of strategic plans for intervention by the labour inspectorate in general engineering workshops, construction and public works. It also covers the informal economy, and is piloted in four Regional Directorates for Labour and Social Protection. Training is provided for labour inspectors, duplicated across the different regional labour directorates. Finally, the Committee notes that the Government has adopted the National Strategy to Combat the Worst Forms of Child Labour 2019-23 (SN-PFTE). However, the Government indicates that it has no recent statistics on the nature, extent and trends in child labour, but that a nation survey is under way, with the support of the ILO and UNICEF. The Committee encourages the Government to continue to take measures, within the framework of the SN-PFTE or otherwise, to ensure the progressive elimination of child labour, and to provide detailed information on the impact of the measures taken in terms of the number of working children under 15 years of age who have been able to enjoy the protection granted by the Convention, particularly children working in the informal economy. The Committee requests the Government to take the measures necessary to ensure that the national survey on child labour is completed in the near future, so as to be able to provide sufficient updated statistics on the child labour situation, such as recent statistics disaggregated by gender and by age group, relating to the nature, extent and trends of work done by children and young persons who are under the minimum age specified by the Government at the time of ratification, and extracts from the reports of the inspection services.

Article 3(2) and Article 9(1). Hazardous work and penalties. In its previous comments, the Committee noted with concern the large number of children engaged in hazardous types of work in Burkina Faso. It noted that in accordance with section 8 of Decree No. 2016 504/PRES/PM/MFPTPS/MS/MFSNF determining the list of hazardous types of work in Burkina Faso (Decree No. 2016-504) of 9 June 2016, any person committing an offence constituting one of the worst forms of child labour shall be punished according to the terms of section 5 of Act No. 029-2008/AN of 15 May 2008 combating trafficking in persons and similar practices, which provides for imprisonment of 10 to 20 years for offenders. The Committee requested the Government to provide information on the application in practice of Decree No. 2016-504.

The Committee notes the Government’s information, according to which the 88 monitoring exercises carried out in 2019 recorded 1,636 children (434 girls and 1,202 boys) engaged in work on 437 sites (19 gold-mining sites, 409 informal sector structures and nine agricultural undertakings). Violations observed included failure to respect the minimum age for admission to employment; failure to grant paid annual leave or weekly rest; failure to respect the prescribed number of working hours for children. However, the Government indicates that the focus is on raising the awareness of the actors and on the social reintegration of the victims of the worst forms of child labour and that it has no statistics on the number of penalties imposed. The Committee recalls that under Article 9(1), all necessary measures, including the provision of appropriate penalties, shall be taken by the competent authority to ensure the effective enforcement of the provisions of this Convention. Furthermore, with reference to the General Survey on the fundamental Conventions, 2012, the Committee underlines that even the best legislation only takes value when it is applied effectively (paragraph 410). The Committee therefore requests the Government to take the measures necessary to ensure the implementation and effective application of Decree No. 2016-504 against persons who engage children under 18 years of age in hazardous work, and that appropriate penalties are imposed. It requests the Government to provide information on the measures taken in this regard and on the number of convictions handed down and penalties imposed for violations.

Article 3(a) and 7(1) of the Convention. Sale and trafficking of children and penalties. In its previous comments, the Committee noted the considerable extent of internal and cross-border trafficking of children for the labour exploitation. While noting the figures provided by the Government on the number of convictions and sanctions imposed by the courts in this regard, the Committee observed that the number of prosecutions and convictions remain low in light of the high number of presumed child victims of trafficking (1,099 in 2015). The Committee therefore encouraged the Government to step up its efforts to ensure that the criminal law concerned, Act No. 029 2008/AN of 15 May 2008 on combating the trafficking in persons and similar practices, are effectively implemented and that the capacities of the enforcement bodies are strengthened.

The Committee notes the statistics provided by the Government in its report, according to which ten new cases were filed with the courts of the first instance in 2018, four in 2019 and four in 2020. There were six prosecutions in 2018 and five in 2019. Only five convictions were handed down in 2019. However, the 2018 national report on the trafficking of persons in Burkina Faso states that 1,047 presumed victims of trafficking were intercepted, of which 962 were children under 18 years of age. Moreover, in its report, the Government indicates that thanks to action by the National Committee for Vigilance and Surveillance (CNVS), 2,303 child victims of trafficking were intercepted in 2019 (of which 172 were trafficked for the purpose of sexual exploitation and 2,131 for labour exploitation). While noting the efforts made to intercept child victims of trafficking, the committee observes with concern that the number of cases, prosecutions and convictions remains low when compared with the number of presumed child victims of trafficking. Recalling that the established sanctions are only effective if they are actually applied, the Committee urges the Government to take the necessary measures without delay to ensure that thorough investigations and prosecutions are carried out of persons who violate the provisions related to the sale and trafficking of children and that effective and dissuasive sanctions are imposed on them in application of Act No. 029 2008/AN of 15 May 2008 on combating the trafficking in persons and similar practices. In this regard it again urges the Government to take the necessary steps to strengthen the capacities of law enforcement bodies to combat the sale and trafficking of children under 18 years of age, including by means of training and adequate resources. The Committee requests the Government to continue providing concrete information on the application of the provisions related to the worst forms of child labour, especially by providing statistics on the number of convictions and penal sanctions imposed.

Article 6. Plan of action and application of the Convention in practice. Sale and trafficking of children. The Committee previously noted with regret that the drafting of the National Action Plan to Combat Trafficking and Sexual Violence against Children in Burkina Faso (PAN-LTVS), which sets out clear strategies for combating the trafficking and sexual exploitation of children, and the implementation of a national study for evaluating action against trafficking in children remained unchanged.

The Committee again notes with regret that the PAN-LTVS and the national study for evaluating action against trafficking in children remain unfinished. The Government indicates that a national study on violence against children in Burkina Faso was validated in 2018, and that a national action plan on violence against children, 2021–23, was adopted in September 2020. The Committee notes, however, that this action plan does not address the specific issues related to the scourge of sale and trafficking of children. The Committee further notes, according to the 2018 national report on the trafficking of persons in Burkina Faso, published in 2020, that the Government encountered difficulties in combating the trafficking of persons and children, including the non-functioning of the CNVS, the situation of insecurity in the country and insufficient resources. The Committee recalls that under Article 6 of the Convention, the Government shall design and implement programmes of action to eliminate as a priority the worst forms of child labour, including the sale and trafficking of children for the purposes of their sexual or commercial exploitation, and that this is made more important still by the prevalence of the problem in the country and the difficulties encountered by the Government in combating the problem. The Committee therefore again urges the Government to take the necessary steps to ensure that the national study for evaluating action against trafficking in children is conducted and the PAN/LTVS is drafted and adopted as soon as possible, and requests it to provide information on progress made in this respect.

Article 7(2). Effective and time-bound measures. Clauses (a) and (b). Preventing the engagement of children in the worst forms of child labour and providing direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. 1. Sale and trafficking of children. Further to its previous comments, the Committee notes the detailed information provided by the Government regarding measures taken to prevent children from becoming victims of trafficking for the purposes of sexual exploitation or labour exploitation and to remove child victims for rehabilitation and social integration, as well as the results achieved. In particular, the Government indicates that 685 vulnerable children have been fostered, 10,890 persons were made aware of the issue of trafficking, displacement and the worst forms of child labour and that 29,337 vulnerable children had been enrolled or re-enrolled in school.

The Committee further notes the Government’s indication that Burkina Faso has, since 2018, implemented the subregional project to assist and protect children on the move (DFID), with the assistance of UNICEF. The results achieved include the following: (i) 9,894 displaced children or other vulnerable children have received high-quality protection; (ii) 2,871 children and youths have benefited from psychosocial care; (iii) 3,769 displaced children, including 769 migrant children in transit, 547 returning children and 349 internally displaced children have received support through 13 regional directorates of social action; (iv) 803 displaced children have benefited from sustainable reintegration, 4,319 children have been issued birth certificates; and (v) 1,083 multisectoral actors (frontier officers responsible for security, social, education and health officers) have received training on child mobility, case management, and the child protection information management system (CPIMS+). The Committee strongly encourages the Government to pursue its efforts to prevent children under 18 years of age from becoming victims of trafficking for economic or sexual exploitation and to remove child victims of sale and trafficking and ensure their rehabilitation and social integration. It requests the Government to continue providing information on the measures taken in this respect and on the results achieved.

2. Children working in small-scale gold mines and quarries. In its previous comments, the Committee noted that around one third of the population at the 86 small-scale gold mines were children, making a total of 19,881 children, of whom 51.5 per cent were boys and 48.6 per cent were girls, used in all forms of mining operations, such as work in mine galleries, dynamiting of rocks, rock breaking, crushing and sieving, selling water and hauling minerals to sheds. The Committee urged the Government to take time-bound measures to remove children from the worst forms of labour in small-scale gold mines and ensure their rehabilitation and social integration.

The Committee notes the information provided by the Government according to which several measures have been taken to remove children from the worst forms of child labour. These include: monitoring and visits to the gold mining sites by the monitoring services accompanied by the security forces; information and awareness-raising activities on the gold mining sites; the development of income-generating activities to assist the families of children removed from gold mining sites; and socio-occupational integration for children removed from work in gold mines. The Committee also notes that according to the information available on the UNICEF website, around 3,000 children are removed from small-scale gold mines each year and re-enrolled in school or in occupational training. The Committee strongly encourages the Government to pursue its efforts, with UNICEF or otherwise, to remove children from the worst forms of child labour in small-scale gold mines and quarries, and ensure their rehabilitation and social integration. The Committee requests the Government to provide information on progress made and results achieved in this regard.

Article 8. International cooperation and assistance. Regional cooperation regarding the sale and trafficking of children. Further to its previous comments, the Committee notes with interest the information from the Government according to which the tripartite cooperation agreement with Togo and Benin was signed on 23 December 2019. The objectives of this agreement are to: (i) prevent and repress child trafficking through effective cooperation between the three States; (ii) protect, rehabilitate, reintegrate and reinsert displaced children or victims of cross-border trafficking in a protective environment; (iii) cooperate in the investigation, arrest, prosecution and extradition of the guilty through the competent authorities in each State; and (iv) establish systems to protect and accompany these children. A permanent monitoring committee has been established to follow up and evaluate action carried out in the framework of this agreement. In addition, the Government indicates that an agreement to protect displaced children was signed on 31 July 2019 in the framework of the existing friendship and cooperation treaty between Burkina Faso and Côte d’Ivoire. In view of the importance of cross-border trafficking in the country, the Committee requests the Government to provide information on the implementation of the cooperation agreement signed with Togo and Benin, as well as the agreement signed with Côte d’Ivoire, as well as the funds allocated to such agreements. Please also provide information on the results achieved in terms of interception of child victims of sale or trafficking, as well as their rehabilitation, social reintegration and repatriation.

The Committee is raising other matters in a request addressed directly to the Government.

Article 6 of the Convention. Plan of action and application of the Convention in practice. 1. National strategy to combat the worst forms of child labour. Further to its previous comments, the Committee notes with interest the adoption of the National Strategy to Combat the Worst Forms of Child Labour 2019-23 (SN-PFTE). The Government indicates in its report that a national coordinating committee has been put in place to ensure the effective implementation of the SM-PFTE, by Order No. 2020-049/MPFTPS/SG/DGPS/DLTE of 22 July 2020.

The Committee notes the detailed information in the Government’s report regarding implementation of the SN-PFTE during 2019. Among other matters, the Government gives details of access and maintenance of children in the education system or in occupational training, strengthening the financial and material resources of vulnerable households and reinforcing the technical skills of households, for example by providing training in agricultural production techniques. The Government also indicates that 437 workplaces presenting a high risk of the worst forms of child labour were monitored and the capacities of the services responsible for enforcing the legislation have been strengthened: a regional brigade for the protection of children (BRPE) has been built up and five others have been equipped, and 18 children’s court judges have been appointed. The Government also indicates that a new national survey on child labour is currently in progress, with the support of the ILO. The Committee requests the Government to continue to provide information on the specific measures taken within the framework of the SN-PFTE to combat the worst forms of child labour and on the results obtained. It also requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, and on the number of children covered by the measures giving effect to the Convention, after completion of the national survey on child labour.

2. Elimination of child labour in the cotton, textile and garment value chains (CLEAR COTTON project). The Committee notes that the CLEAR COTTON project is being implemented by the ILO and FAO in four countries, including Burkina Faso, from March 2018 to February 2022. This project supports the elimination of child labour in all its forms and in particular the worst forms, and of forced labour in the cotton, textile and garment value chains in targeted producing countries. It seeks to promote enhanced national legislation and policies to address the basic needs and rights of children engaged or at risk of child labour, and of victims of forced labour. The project combines integrated area-based and value chain approaches to cooperate with governments, social partners, local farmers, communities industries, and international buyers. The Committee requests the Government to provide information on the measures taken within the framework of the CLEAR COTTON project to combat the worst forms of child labour in the cotton, textile and garment value chains, including forced labour, and also on the results obtained.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee urged the Government to intensify its efforts to strengthen the functioning of the education system, including by taking steps to increase school enrolment and completion rates.

The Committee notes the Government’s detailed information according to which the efforts to strengthen the education system include measures to increase school enrolment and completion rates. The measures announced by the Government include: (i) suppression of enrolment fees for public primary and post-primary schools; (ii) transfer of funds to 336 out of 351 communes to purchase essential supplies for pre-school and primary school children; and (iii) provision of scholarships for 12,656 pre-primary school children during 2018-2020. The Government states that this action has benefited 259,417 girls who have received financial support for their schooling; 10,130 girls who have been assisted in their accommodation and catering needs; 17,690 pupils, including 9,703 girls, who have benefited from reinforced capacities; 20,650 pupils from disadvantaged backgrounds who have received school kits; 14,909 pupils, including 12,207 girls, and 600,000 parents who have been affected by the social movement on the problems in schooling. The Committee also notes the Government’s information to the effect that measures concerning children’s access to and maintenance in the scholastic system were also taken within the framework of the SN-PFTE, and yielded various results in the course of 2019, including the distribution of 2,539,708 school kits and the provision of 25,414 scholarships to disadvantaged children.

The Committee notes the statistics provided by the Government on the net and gross school enrolment and completion rates for 2015/16 to 2019/20. These statistics reveal a declining trend in school enrolment and completion rates since 2017/18. Effectively, the gross rate of primary school enrolment decreases from 90.7 per cent in 2017/18 to 86.6 per cent in 2019/20; at the same time, the primary school completion rate drops from 63 per cent in 2017/18 to 60.3 per cent in 2019/20. With regard to post-primary schooling, the gross rate declines from 52 per cent in 2017–18 to 49.3 per cent in 2019/20; and the completion rate falls from 40.6 per cent in 2017–18 to 39 per cent in 2019/20.

In this regard, the Committee notes from the information available on the UNICEF website, that this decline in school enrolment and completion rates could be due to the unprecedented security crisis which, since January 2019, has led to a growing humanitarian problem in the country. UNICEF reports that in 2019 2.6 million children and adolescents aged from 6 to 18 years were not at school, corresponding to 51.4 per cent of school-age children (of which 48.1 per cent are girls). Between December 2020 and May 2021 – with schools continuing to be attacked by, or under threat from, non-State armed forces – the number of schools that closed rose from 2,169 to 2,224, affecting 304,450 pupils. Moreover, on 16 March 2020 the COVID-19 health crisis caused the closure of all schools in the country, affecting more than 5 million pupils. According to UNICEF, this crisis has compounded pre-existing structural problems compromising fair access of children to education, including the low quality of teaching. While noting the difficult situation prevailing in the country and the measures taken by the Government, the Committee requests the Government to redouble its efforts to improve the functioning of the education system in the country by improving the quality of teaching and access to basic education for all children, especially those affected by the security and health crisis. In this regard, it requests the Government to continue to provide information on the specific measures taken, whether under the SN-PFTE or any other project, and on the results obtained, particularly in respect of increasing the levels of school enrolment and completion.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. 1. HIV/AIDS orphans. In its previous comments, the Committee noted from the UNAIDS statistics that the number of orphans and vulnerable children (OVC) continues to decrease and that it was on average 71,000 in 2015. The Committee then encouraged the Government to pursue its efforts to protect OVC and requested it to continue providing information on the results achieved in terms of the number of OVC whose engagement in the worst forms of child labour had been prevented in this way.

The Committee notes the Government’s information to the effect that various activities designed to protect OVC had been undertaken, and had yielded the following results: (i) reception, accommodation and care provided to 1,274 OVC in the Ouaga and Orodara “maternal” hotels; (ii) provision of food for 196 OVC in the same hotels; and (iii) provision of training kits for 9,668 OVC. Nevertheless, the Committee notes from the UNAIDS 2020 statistics that the number of OVC is now 83,000, a higher estimation than that of 2015. Recalling that HIV/AIDS orphans run an increased risk of being engaged in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure that these children are protected from the worst forms of child labour. The Committee requests the Government to continue to provide information on the concrete measures taken and on the results obtained in terms of the numbers of OVC removed from the worst forms of child labour and placed in education or occupational training. To the extent possible, this data should be disaggregated by sex and age.

2. Street children. In its previous comments the Committee asked the Government to provide information on the number of children in the streets who have been protected from the worst forms of child labour, and rehabilitated and socially integrated, as well as on any effective time-bound measure taken to prevent children of less than 18 years becoming victims of forced or compulsory labour, such as begging, and to remove them from these situations while ensuring their rehabilitation and social integration.

The Committee takes full note of the information provided by the Government regarding the measures taken and the results obtained. The government indicates, among other matters, that for the August 2018 – June 2021 period, 16,839 local inhabitants had been made aware of the phenomenon of children and youths living in the streets, and 5,904 street children and youths had been placed in emergency shelters. The Government indicates that in June 2021, 239 children and youths were present in the emergency shelters, 177 children and youths were continuing the stabilization process in other specialized educational structures, and 102 children had been returned to the regions for follow-up by the regional directorates for women, national solidarity, the family and humanitarian action. Of these, 55 had been placed in school and 47 in occupational training. The Government also indicates that it has placed 414 children in education and occupational training centres, including 189 children retrieved through the operation to remove children and youths from the streets. The Committee requests the Government to continue to provide information on the number of street children that have been protected against the worst forms of child labour, including forced or compulsory labour such as begging, rehabilitated and socially integrated through the various measures taken for this purpose.

Article 8. International cooperation and assistance. Poverty eradication. In its previous comments, the Committee took note of the replacement of the Strategy for Accelerated Growth and Sustainable Development 2011-2015 by the National Economic and Social Development Plan 2016-2020 (PNDES), which assigns a key role to combating child labour. The Committee requested the Government to provide information on the results achieved in terms of reducing the incidence of poverty, particularly as part of the implementation of the PNDES.

The Committee notes the information provided by the Government on results obtained by the implementation of the PNDES. These include the establishment of a Programme to Support Local Economy Development (PADEL), at a cost of 339 billion CFA francs; and of an Emergency Programme for the Sahel; the formulation of a first draft of an Act providing guidance in respect of territorial planning; the elaboration of a draft territorial planning and sustainable development map; as well as the establishment of the National Observatory for the Territorial Economy. Noting once again that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee strongly encourages the Government to pursue its efforts to reduce the incidence of poverty. It again requests the Government to provide information on the results achieved, especially with regard to the effective reduction of poverty in vulnerable households and the impact observed on the elimination of the worst forms of child labour.

The Committee notes the Government’s first report.

Article 2(3) of the Convention. Periodic consideration of the measures that could be taken to ratify relevant occupational safety and health (OSH) Conventions of the ILO. The Committee notes the Government’s indication in its report that the Advisory Commission on International Labour Standards (CCNIT) holds annual meetings to examine the follow-up on the relevant ILO instruments, and that favourable opinions had been issued in this respect concerning the ratification of the Occupational Safety and Health Convention, 1981 (No. 155), the Safety and Health in Construction Convention, 1988 (No. 167), and the Safety and Health in Mines Convention, 1995 (No. 176). The Committee requests the Government to continue providing information on the follow-up given to the above opinions concerning the ratification of OSH Conventions. With regard to future discussions in the CCNIT, the Committee refers the Government to the comments it adopted in 2019 concerning the application of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 3. National OSH policy. The Committee notes that, according to the Government, a national OSH policy, as provided for under the Occupational Safety and Health Convention, 1981 (No. 155), has not yet been formulated but that the national labour policy (NLP) covers OSH issues in programme four on promoting OSH. In this regard, the Committee notes that one of the guiding principles of the NLP is the adoption of a preventive approach to OSH and that, according to this principle, actions to be taken must be geared towards prevention, giving priority to eliminating the source of risks. The Committee also notes that this policy is the result of a process of discussion and dialogue, particularly between the workers’ and employers’ organizations, and the Government. While noting the aspects relating to OSH in the PNT, the Committee requests the Government to provide information on the measures taken or envisaged to formulate a national OSH policy, pursuant to Article 3 of the Convention, and to provide information concerning its periodic review. The Committee requests the Government to provide information on the consultations to be held with the most representative organizations of employers and workers in this regard.

Article 4(1) and (2)(a). Periodic review of the national OSH system, in consultation with the most representative organizations of employers and workers. The Committee notes the information provided by the Government concerning the national OSH legislation and the Government’s indication regarding the National Advisory Technical Committee on Occupational Safety and Health (CTNCSST). The Committee notes that, according to the Government, this committee is consulted prior to the adoption of all national texts on OSH. The Committee also notes that section 2 of Decree No. 2017 493/PRES/PM/MFPTPS/MS of 14 June 2017, setting forth the composition of the CTNCSST, provides for a tripartite composition of this committee. The Committee requests the Government to provide further information on the mechanism for the periodic review of national OSH legislation and on the consultations with the social partners on this matter, including information on the CTNCSST meetings, their frequency, and their outcome in practice.

Article 4(3)(g). Collaboration with insurance or social security schemes covering occupational injuries and diseases. The Committee notes that, according to the Government, the benefits agencies, such as the Occupational Health Office and the National Social Security Fund, cooperate with the monitoring bodies, such as the Medical Labour Inspectorate (IMT) and the regional directorates for labour and social security (DRTPS), including through joint inspections. In this respect, the Government indicates that, in a workshop organized in 2017 by the OST with the participation of the DRTPS, IMT and the General Directorate for Social Security, discussions were held on more effective collaboration with regard to OSH. The Committee requests the Government to provide information on any follow-up given to these discussions concerning collaboration with regard to OSH between the monitoring bodies and benefits agencies.

Article 4(3)(h). Support mechanisms for a progressive improvement of occupational safety and health conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy. The Committee notes that one of the anticipated outcomes of the Decent Work Country Programme (DWCP) for Burkina Faso 2020–22 concerns conformity of workplaces, including in the informal and rural economy, with OSH legislation and standards (outcome 3). The DWCP indicates in particular that one of the expected benefits in this regard is the strengthening of labour inspection to enable it to intervene in micro-enterprises and small enterprises in the informal economy. The Committee requests the Government to provide information on the measures taken or envisaged, including within the framework of the DWCP, to establish support mechanisms for a progressive improvement of OSH conditions in micro-enterprises, in small and medium-sized enterprises and in the informal economy, pursuant to Article 4(3)(h) of the Convention.

Article 5. National programme. The Committee notes that the PNT provides for an operational action plan (PAO) for 2012–14 that includes, within its programme concerning OSH promotion, expected benefits and objectives in this area. The Committee also notes that, under the PNT, a High Labour Council, composed mainly of State bodies, workers’ and employers’ organizations, and artisanal workers, will be responsible for guiding and leading the PAO and PNT. With regard to measures for publicizing, endorsing and launching the programme, the Government also indicates that the implementation strategy of the PNT does not cover communication actions but that the ministries in charge of labour and health are the main authorities to effectively ensure the adoption of these measures. The Committee notes, however, an absence of information on the implementation, monitoring, evaluation and periodic review, in practice, of the PAO for 2012–14, and on the development of a national OSH programme after this period, in consultation with the social partners. The Committee requests the Government to indicate whether the PAO 2012–14 has been implemented, and, if so, whether an evaluation of this plan has been carried out. The Committee also requests the Government to provide information on the measures taken to formulate, implement, monitor, evaluate and periodically review a national OSH programme after 2014, in consultation with the social partners and including each element under Article 5(2)(a)-(e) of the Convention. In addition, the Committee requests the Government to indicate the measures taken by the ministries in charge of labour and health to publicize, endorse and launch the national OSH programme, once formulated.

Comments adopted by the CEACR: Burkina Faso

Adopted by the CEACR in 2021

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C187 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)